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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

14 FLRA No. 48
DEPARTMENT OF THE AIR FORCE
HANSCOM AIR FORCE BASE
BEDFORD, MASSACHUSETTS
Activity/Petitioner
and
LOCAL 1384, NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
Labor Organization
Case No. 1-CU-40
DEPARTMENT OF THE AIR FORCE
HANSCOM AIR FORCE BASE
BEDFORD, MASSACHUSETTS
Activity/Petitioner
and
LOCAL 975, NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
Labor Organization
Case No. 1-CU-41
DECISION AND ORDER CLARIFYING UNIT
Upon petitions duly filed with the Federal Labor Relations Authority
under section 7111(b)(2) of the Federal Service Labor-Management
Relations Statute (the Statute), hearings were held before hearing
officers of the Authority. /1/ The hearing officers' rulings made at
the hearings are free from prejudicial error and are hereby affirmed.
Upon consideration of the entire record, including the parties'
contentions, /2/ the Authority finds: In Case No. 1-CU-40, the
Activity/Petitioner, in its amended petition, seeks to exclude 49
employees from the bargaining unit on the grounds that they are
supervisors, management officials or both. /3/ In Case No. 1-CU-41, the
Activity/Petitioner, in its amended petition, seeks to exclude 18
employees from the bargaining unit on the grounds that they are
supervisors, management officials or both. /4/ SUPERVISORS
The Activity/Petitioner contends that the employees in the job
classifications listed under Case No. 1-CU-40 in Appendix A are
supervisors within the meaning of section 7103(a)(10) of the Statute,
and should be excluded from the unit. /5/ Of these, the record
establishes that Jack Griffin, Electronics Engineer, GS-855-13; Thomas
Murdock, Astrophysicist, GS-1330-13; Stephen Price, Physicist (Optics),
GS-1310-14; Adelbert McIntyre, Physicist (Optics), GS-1310-15; Robert
O'Neil, Physicist (General), GS-1310-14; Robert Gowell, Electronics
Engineer, GS-855-13; Jurgen Buchau, Physicist (Physics of Atmosphere),
GS-1310-14; Michael Smiddy, Physicist (Physics of Atmosphere),
GS-1310-14; Allen Bailey, Electronics Engineer, GS-855-14; William
Vickery, Aerospace Engineer, GS-861-14; Robert Good, Physicist
(General), GS-1310-14; John Paulsen, Research Chemist, GS-1320-15; and
Alton Armington, Research Chemist, GS-1320-14 assign and direct work and
have effectively recommended subordinates for awards; that Donald
Smith, Physicist (Optics), GS-1310-14; Edward Mullen, Physicist
(Physics of Atmosphere), GS-1310-13; John Rex, Electronics Engineer,
GS-855-14; John Jasperse, Physicist (Physics of Atmosphere),
GS-1310-14; Antonio Quesada, Mathematician, GS-1520-13; and Charles
Gallagher, Physicist (General), GS-1310-13 assign and direct work of
subordinates; that Hans Laping, Electronics Engineer, GS-855-13;
Robert McInerney, Mathematician, GS-1520-13; Paul Tsipouras,
Mathematician, GS-1520-13; and Charles Philbrick, Physicist (Physics of
Atmosphere), GS-1310-14 assign and direct work and have effectively
recommended the hiring of subordinates; that Alfred Rahbee, Physicist
(Optics), GS-1310-14; Ernest Huppi, Electronics Engineer, GS-855-14;
Herbert Cohen, Physicist (Physics of Atmosphere), GS-1310-15; and
Donald Bedo, Physicist (Atomic and Molecular Physics), GS-1310-15 assign
and direct work and have effectively recommended subordinates for
promotions; that Charles Cunniff, Physical Scientist, GS-1310-13; and
John Kennealy, Physicist (Optics), GS-1310-14 assign and direct work and
have effectively recommended the hiring of and promotions for
subordinates; that Michael Kraus, Physicist (Physics of Atmosphere),
GS-1310-13; and Lester Lowe, Physicist (Solid State), GS-1310-14 assign
and direct work and have effectively recommended subordinates for awards
and promotions; that Raymond Wilton, Electronics Engineer, GS-855-14
assigns and directs work and has effectively recommended the hiring of
and awards for subordinates; and that Russell Steeves, Aerospace
Engineer, GS-861-14 has effectively recommended subordinates for awards.
Further, the Authority finds that the above duties are not merely
routine or clerical in nature, but require the consistent exercise of
independent judgment. Accordingly, the employees listed above are
supervisors within the meaning of section 7103(a)(10) of the Statute and
must be excluded from the unit. /6/
Further, the record indicates that Ted Wirtanen, Geodesist,
GS-1372-13; John Schummers, Physicist (Optics), GS-1310-13; and Harold
Gardiner, Physicist (General), GS-1310-13 supervise only active duty
military personnel. As noted, section 7103(a)(10) of the Statute
defines a "supervisor" as an individual having certain authority over
"employees." Section 7103(a)(2) defines an "employee" for the purposes
of the Statute as an individual "employed in an agency," but
specifically excludes from that definition "a member of the uniformed
services." The Authority finds that the individuals supervised by the
above incumbents are members of the uniformed services and thus are not
"employees" within the meaning of the Statute. /7/ Therefore, the
Authority finds that these incumbents are not supervisors as defined in
the Statute and shall order that they remain in the unit.
With regard to all other employees listed under Case No. 1-CU-40 in
Appendix A, the Authority finds that they are not supervisors within the
meaning of section 7103(a)(10) of the Statute and must remain in the
unit since they do not exercise any of the statutory indicia of
supervisory authority.
With regard to those individuals listed under Case No. 1-CU-41 in
Appendix A, the record indicates that Eugene Delpapa assigns and directs
work and has hired subordinates; that Robert Stanton and Douglas
Dalessio assign and direct work; that Clement Horrigan assigns and
directs work, has disciplined subordinates and has effectively
recommended the hiring of subordinates; and that Samuel Galzerano
assigns and directs work, has hired and disciplined subordinates, and
has effectively recommended awards for subordinates. The Authority
further finds that the above duties are not merely routine or clerical
in nature, but require the consistent exercise of independent judgment.
Accordingly, the employees listed under Case No. 1-CU-41 in Appendix A
are supervisors within the meaning of section 7103(a)(10) of the Statute
and must be excluded from the unit. /8/ MANAGEMENT OFFICIALS
The Activity/Petitioner contends that the employees listed in
Appendix B are management officials within the meaning of section
7103(a)(11) of the Statute /9/ and must be excluded from the unit. In
the lead case of Department of the Navy, Automatic Data Processing
Selection Office, 7 FLRA 172 (1981), the Authority interpreted the
statutory definition of "management official" to include those
individuals who: (1) create, establish or prescribe general principles,
plans, or courses of action for an agency; (2) decide upon or settle
upon general principles, plans or courses of action for an agency; or
(3) bring about or obtain a result as to the adoption of general
principles, plans or courses of action for an agency. Applying these
criteria to the instant cases, the Authority finds that although the
employees involved herein are highly trained individuals whose actions
assist in implementing, as opposed to shaping, the Activity's policies,
they currently do not exercise duties or responsibilities which require
or authorize them to formulate, determine, or influence the policies of
the Activity within the meaning of section 7103(a)(11) of the Statute as
interpreted by the Authority. Accordingly, the Authority finds that the
employees listed in Appendix B are not management officials and
therefore must be included in their respective bargaining units.
ORDER
IT IS ORDERED that the units sought to be clarified in Case Nos.
1-CU-40 and 1-CU-41 be, and they hereby are, clarified by including in
their respective units the following employees listed in Appendix A:
Chien Hsiung Yang, Physicist (Physics of Atmosphere), GS-1310-14;
Margaret Shea, Physicist (Nuclear Physics), GS-1310-14; Paul Fougere,
Physicist (Physics of Atmosphere), GS-1310-14; Paul Rothwell, Physicist
(Nuclear Physics), GS-1310-14; Ted Wirtanen, Geodesist, GS-1372-13;
John Schummers, Physicist (Optics), GS-1310-13; and Harold Gardiner,
Physicist (General), GS-1310-13; and further including in their
respective units all employees listed in Appendix B.
IT IS FURTHER ORDERED that the units sought to be clarified in Case
Nos. 1-CU-40 and 1-CU-41 be, and they hereby are, clarified by excluding
from their respective units all other employees listed in Appendix A,
who have been found herein to be supervisors. Issued, Washington, D.C,
April 20, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A
EMPLOYEES ALLEGED TO BE SUPERVISORS
CASE NO. 1-CU-40, WITH REGARD TO THE BARGAINING UNIT
REPRESENTED BY
LOCAL 1384, NFFE
Hans Laping, Electronics Engineer, GS-855-13
Jack Griffin, Electronics Engineer, GS-855-13
Russell Steeves, Aerospace Engineer, GS-861-14
Ted Wirtanen, Geodesist, GS-1372-13
Chien Hsiung Yang, Physicist (Physics of Atmosphere), GS-1310-14
Thomas Murdock, Astrophysicist, GS-1330-13
Charles Cunniff, Physical Scientist, GS-1301-13
Stephen Price, Physicist (Optics), GS-1310-14
Adelbert McIntyre, Physicist (Optics), GS-1310-15
Alfred Rahbee, Physicist (Optics), GS-1310-14
Jack Kennealy, Physicist (Optics), GS-1310-14
Ernest Huppi, Electronics Engineer, GS-855-14
Robert O'Neil, Physicist (General), GS-1310-14
Donald Smith, Physicist (Optics), GS-1310-14
Michael Kraus, Physicist (Physics of Atmosphere), GS-1310-13
Edward Mullen, Physicist (Physics of Atmosphere), GS-1310-13
John Rex, Electronics Engineer, GS-855-14
John Schummers, Physicist (Optics), GS-1310-13
Harold Gardiner, Physicist (General), GS-1310-13
Robert Gowell, Electronics Engineer, GS-855-13
Jurgen Buchau, Physicist (Physics of Atmosphere), GS-1310-14
John Jasperse, Physicist (Physics of Atmosphere), GS-1310-14
Michael Smiddy, Physicist (Physics of Atmosphere), GS-1310-14
Herbert Cohen, Physicist (Physics of Atmosphere), GS-1310-15
Margaret Shea, Physicist (Nuclear Physics), GS-1310-14
Paul Fougere, Physicist (Physics of Atmosphere), GS-1310-14
Allen Bailey, Electronics Engineer, GS-855-14
William Vickery, Aerospace Engineer, GS-861-14
Robert Good, Physicist (General), GS-1310-14
John Paulsen, Research Chemist, GS-1320-15
Antonio Quesada, Mathematician, GS-1520-13
Charles Gallagher, Physicist (General), GS-1310-13
Robert McInerney, Mathematician, GS-1520-13
Paul Tsipouras, Mathematician, GS-1520-13
Raymond Wilton, Electronics Engineer, GS-855-14
Lester Lowe, Physicist (Solid State), GS-1310-14
Alton Armington, Research Chemist, GS-1320-14
Donald Bedo, Physicist (Atomic and Molecular Physics), GS-1310-15
Paul Rothwell, Physicist (Nuclear Physics), GS-1310-14
Charles Philbrick, Physicist (Physics of Atmosphere), GS-1310-14
CASE NO. 1-CU-41, WITH REGARD TO THE BARGAINING UNIT
REPRESENTED BY
LOCAL 975, NFFE
Eugene Delpapa, Historian, GS-170-13
Robert Stanton, Industrial Engineer, GS-896-13
Clement Horrigan, Electronics Engineer, GS-855-15
Samuel Galzerano, Operations Research Analyst, GS-1515-13
Douglas Dalessio, Industrial Engineer, GS-896-13
APPENDIX B
EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
CASE NO. 1-CU-40, WITH REGARD TO THE BARGAINING UNIT
REPRESENTED BY
LOCAL 1384, NFFE
George Vanasse, Physicist (Optics), GS-1310-15
Ann Hilton, Physical Science Administrator, GS-1301-13
Francis DelGreco, Physical Science Administrator, GS-1301-13
Alfred Kahan, Physicist (Solid State), GS-1310-15
Daniel Davies, Physicist (Solid State), GS-1310-14
Rene Cormier, Physical Science Administrator, GS-1301-14
Malcolm MacLeod, Physical Science Administrator, GS-1301-14
Ronald Podsiadlo, Physical Science Administrator, GS-1301-14
Case No. 1-CU-41, WITH REGARD TO THE BARGAINING UNIT
REPRESENTED BY
LOCAL 975, NFFE
Sylvia Mayer, Research Psychologist, GS-180-14
Richard L'Heureux, Industrial Engineer, GS-896-14
Warner Oesterle, Industrial Engineer, GS-896-13
Jack Segal, Electronics Engineer, GS-855-14
Albert Scansaroli, Environmental Engineer, GS-801-13
Vincent Dovydaitis, Electronics Engineer, GS-855-14
Russel Pierce, Electronics Engineer, GS-855-13
Ian Feltham, Electronics Engineer, GS-855-13
Richard O'Neil, Electronics Engineer, GS-855-13
Charles Weirman, Electronics Engineer, GS-855-13
David Calkins, Electronics Engineer, GS-855-13
James Malley, Electronics Engineer, GS-855-13
Charles Hunter, Operations Research Analyst, GS-1515-13
--------------- FOOTNOTES$ ---------------
/1/ During the course of the hearings, the petitions in Case Nos.
1-CU-40, 1-CU-41 and 1-CU-42 were consolidated. At a later date, the
Petitioner in Case No. 1-CU-42, with no objection from the Activity,
withdrew its petition which was then severed from this proceeding.
/2/ As the brief filed by the National Federation of Federal
Employees was untimely filed, it has not been considered herein.
/3/ Local 1384, National Federation of Federal Employees, was
certified as the exclusive bargaining representative in a unit which was
later amended to cover all professional and nonprofessional General
Schedule employees of the Deputy for Electronic Technology and the Air
Force Geophysics Laboratory serviced by the Central Civilian Personnel
Office, Hanscom Air Force Base, Bedford, Massachusetts.
/4/ Local 975, National Federation of Federal Employees was certified
as the exclusive bargaining representative for a unit of all
nonsupervisory, professional General Schedule employees serviced by the
Central Civilian Personnel Office, Hanscom Air Force Base, Bedford,
Massachusetts excluding all General Schedule employees of the Air Force
Geophysics Laboratory and the Deputy for Electronic Technology.
/5/ Section 7103(a)(10) defines a "supervisor" as:
. . . an individual employed by an agency having authority in
the interest of the agency to hire, direct, assign, promote,
reward, transfer, furlough, layoff, recall, suspend, discipline,
or remove employees, to adjust their grievances, or to effectively
recommend such action, if the exercise of the authority is not
merely routine or clerical in nature but requires the consistent
exercise of independent judgment(.)
/6/ Therefore, it is unnecessary for the Authority to pass on the
Activity/Petitioner's contention that McIntyre should be excluded from
the unit on the ground that he is a management official and his name has
not been listed in Appendix B.
/7/ Department of the Army, Headquarters, Fort Huachuca, Fort
Huachuca, Arizona, 11 FLRA No. 40 (1983).
/8/ It is therefore unnecessary to pass on the Activity/Petitioner's
contention that Stanton and Horrigan also should be excluded from the
unit on the grounds that they are management officials, and their names
have not been listed in Appendix B.
/9/ Section 7103(a)(11) defines a "management official" as:
. . . an individual employed by an agency in a position the
duties and responsibilities of which require or authorize the
individual to formulate, determine, or influence the policies of
the agency. . . .